The Mayo Clinic defines Narcissistic personality disorder as a “a mental condition in which people have an inflated sense of their own importance, a deep need for excessive attention and admiration, troubled relationships, and a lack of empathy for others.” It is not surprising individuals with this condition find themselves as a party to a divorce proceeding.
Many spouses possessing narcissistic traits are more prone to litigation and have difficulty compromising. The legal system affords parties many tools to address non-cooperation as a part of a divorce proceeding.
Discovery of Assets, Debts, Income, Medical information, and other important information related to a divorce proceeding
Formal discovery can be served on a non-cooperating spouse which includes but is not limited to requests for the production of documents, requests for interrogatories, and requests for admissions. Other discovery processes may be used such as being permitted to inspect real property or documents and deposing the other party or individuals with information relating to the proceeding.
In the event, the non-cooperating spouse does not respond to formal discovery requests, a motion to compel discovery may be brought with the Court. If the non-cooperating spouse continues to not cooperate, the Court could impose sanctions or provide for other relief if the non-cooperating spouse is willfully violating the Court’s order.
Conduct Based Attorney’s Fees
If a non-cooperating spouse unreasonably contributes to the length and extent of the proceeding, the other spouse may be awarded some or all of their attorney’s fees incurred. This form of relief may be one of the most effective tools to ensure parties are cooperating with one another and not taking a scorched earth- winner take all- approach to their legal proceeding.
Need-based Attorney’s Fees
There are situations where a spouse is a high-income earner and uses his or her income as leverage to gain a settlement or to inhibit a homemaker or lower income earning spouse from carrying on with a divorce proceeding. In such a case, the lower wage earner may be able to make a claim for need based attorney’s fees which is simply the spouse does not have the ability to pay for his or her own attorney’s fees, the attorney’s fees are necessary to carry on the proceeding in good faith, and the other spouse has the ability to pay for the attorney’s fees.
Mediation or Another form of Alternative Dispute Resolution
Generally, participating in mediation or another form of Alternative Dispute Resolution (“ADR”) results in agreements between the parties. While this process may be admittedly more difficult if a spouse has Narcissistic personal disorder, such a process can be helpful in a neutral providing evaluative feedback to the spouse. Often times hearing this feedback from a neutral party is helpful in resolving complex disputes.
A spouse with Narcissistic personality disorder may contribute to the length and extent of a divorce proceeding. It is important to have good counsel on your side to navigate a divorce proceeding with a spouse that displays narcissistic characteristics. The attorneys at Gilbert Alden Barbosa can be reached at 952-300-2937 for a free consultation regarding your situation.